Legal Opinion
Baranski v. United States
Court of Appeals for the Eighth Circuit
Decided May 1, 2018No. : 16-3699Published
1Opinion of the Court
The petition for rehearing en banc is denied. The petition for rehearing by the panel is also denied. Judge Kelly, Judge Erickson, Judge Grasz, and Judge Stras would grant the petition for rehearing en banc.
2DissentStras, Circuit Judge
I would grant en banc rehearing to correct the panel opinion's conclusion that coram nobis petitions filed by individuals who are no longer in custody are "subject to the restrictions on second or successive § 2255 motions set forth in § 2255(h)(1)
*460and (2)."1 Baranski v. United States , 880 F.3d 951, 956 (8th Cir. 2018).
My disagreement with the panel opinion boils down to three words:…
3Cases cited6 opinions
- Padilla v. KentuckySupreme Court of the United States · 2010
- United States v. MorganSupreme Court of the United States · 1954
- United States v. Kwok Chee Kwan, AKA Jeff KwanCourt of Appeals for the Ninth Circuit · 2005
- Ramani Pilla v. United StatesCourt of Appeals for the Sixth Circuit · 2012
- Keith Baranski v. United StatesCourt of Appeals for the Eighth Circuit · 2018
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